Vacant Building Complaints
Vacant abandoned buildings are a code violation. Glenville Code Enforcement addresses vacant abandoned buildings through several mechanisms, depending on conditions, ownership and other specifics. Neighboring property owners are typically the first source of information that a property is becoming a problem. High grass, mail piling up and building maintenance issues are typical indicators that a parcel is newly abandoned. As a neighbor, if you see a property lacking in basic maintenance, contact code enforcement at (518) 688-1200X8.
The threshold questions code enforcement considers when faced with a parcel that is vacant or abandoned include:
- Has the prior owner stopped maintenance? How long ago?
- Are the maintenance issues grass and garbage? Building conditions? Should the building be condemned?
- Is the building empty? For how long? Are squatters living in the structure?
- Is the parcel in or at risk of tax lien foreclosure? Mortgage foreclosure?
- Who holds title to the property? Who is the mortgage lender? Is there a servicing company?
Oftentimes the mortgage lender hires a servicing company that is required by law to post a notice on the door indicating a contact phone number to call for maintenance issues. The servicing company must mow the lawn, remove garbage, inspect the interior and maintain the property in conformance with NYS Property Maintenance Code (PMC). One important element of PMC is securing the building. Generally, an unsecured building becomes an attractive nuisance to squatters and a potential fire hazard.
In 2016 NYS passed the "Zombie Law" to address vacant building maintenance, property owner's rights during mortgage foreclosure and mortgage lender's responsibilities. Those responsibilities include a requirement to foreclose within three years and maintain the vacant property. A remediation act of the "Zombie Law" was passed in 2019 as ongoing issues with vacant parcels unfolded. One of the important elements of the Zombie Law is the creation of a NYS Department of Financial Services (DFS) division that accepts complaints from neighbors and municipal officials. DFS complaint forms are available at https://www.dfs.ny.gov/complaint . While the complaints are only enforceable against mortgage lenders, they are one tool in an arsenal for remediating vacant buildings.
Another important tool is the code enforcement notice of violation (NOV). Neighbors can help code enforcement issue an NOV by photographing conditions and notifying the code office of any deficiencies. Code officers take frequent time and date stamped photos in anticipation of a potential court action. Unaddressed NOVs will result in a court appearance ticket. Tickets can result in additional fines of $250 up to $1000.
Vacancy itself requires registration of a vacant building. In Chapter 108 of Glenville's town code, the owner of a vacant property must register the property and pay associated annual fees which start at $100 per year. As part of the registration an out of town property owner must list a local, third party property manager.
Despite all of these measures, vacant properties continue to elude code enforcement offices around the country. Multiple states have passed similar state laws to address the issue. However, only through collaboration between neighbors, local officials, and in some instances county land banks and real property offices, can we make a dent in conveying vacant abandoned properties to owners who will responsibly maintain buildings.